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Corporate Commercial Litigation

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Our Success Stories


REVENUE FROM 13% DERIVATION ACCRUING TO STATE GOVERNMENT - SUIT NO: FHC/ABJ/CS/415/2022 - ATTORNEY GENERAL OF IMO STATE v. FEDERATION ACCOUNT ALLOCATION COMMITTEE (FAAC) & 12 ORS.


We are pleased to have represented the Delta State Government towards the recovery of the sum of N240,654.216.460.23 (Two Hundred and Forty Billion, Six Hundred and Fifty-Four Million, Two Hundred and Sixteen Thousand Four Hundred and Sixty Naira, Twenty-Three Kobo) Only being revenue from various deductions made by the Nigeria National Petroleum Corporation (NNPC) for payments of subsidy and priority projects from the Federation Account without reflecting, deducting and disbursing to the oil producing state, the 13% derivation due on the said deduction from 1999 - 2021, before Honourable Justice A.R Mohammed .J of the Federal High Court of Nigeria, wherein the Court acceded to the indices proposed to the FAAC as the true reflection of the disbursement accruing to the State Government in line with the defense put forth by the Legal Team.


Our firm was a part of the consortium instructed by the Honourable Attorney General of Delta State.


ACQUISITION AND DIVESTMENT


We are pleased to have advised Lineman Group; a Nigeria cooperation in the acquisition of Zambian Group (CEC Lenux) from North South Power; the operators of the Shiroro Hydro Concession. The recent acquisition puts Lineman as the majority shareholders of the concession.


Our transaction advisory team; includes; Michael Jonathan Numa, SAN and Isioma Kelubia Esq.


GARNISHEE PROCEEDINGS- SUIT NO: FHC/YNG/CS/63/2019 BETWEEN CLINTON OROUPADE & ORS. v. COL. MILLAND DIXON DIKIO: COORDINATOR PAP & ANOR.


We are pleased to have represented a group of ex-agitators in the Presidential Amnesty Programme before the Federal High Court, Yenagoa in a Garnishee Proceeding.


We obtained an Order Nisi against the Presidential Amnesty Programme to recover the unpaid monthly stipends of Seventy-Four (74) Ex-agitators on the strength of a Terms of Settlement duly executed by our Clients and the Presidential Amnesty Office which was entered as a consent judgment.


In a bid to challenge the propriety or otherwise of the Order Nisi, the Judgment Debtor, and the Garnishee filed Objections and Affidavits to Show Cause as to why the Order Nisi should not be made absolute.


They contended that the Judgment Debtor is an agency of the Federal Government, hence, the prior consent of the Attorney General must be sought and obtained before commencing a Garnishee proceeding. More so, they contended that they had fully complied with the consent judgment of the Court, hence the Order Nisi should be set aside.


In contradistinction to the arguments of the Judgment Debtor and the Garnishee, we contended that the prior consent of the Attorney General is not necessary for the institution of a Garnishee proceeding against the Judgment Debtor because the Garnishee is a banker to the Federal Government and maintains an account in the name of the Judgment Debtor under the auspices of the OFFICE OF THE SPECIAL ADVISER TO PRESIDENT ON NIGER DELTA and is funded through the Treasury Single Account (TSA).


We further contended that the Garnishee has since fulfilled a part of the consent judgment that gave rise to the Garnishee proceeding, hence the issue of consent cannot arise at this stage.


In a well-considered ruling delivered on the 8th day of March 2024, the Court agreed with our contention and accordingly made the Order Nisi absolute against the Judgment Debtor and indeed the Garnishee.


KUGBO WEST MARGINAL FIELD ACQUISITION


We are pleased to have advised 7waves Petroleum Limited; a wholly Nigerian Energy Company, in the acquisition of the Kugbo West Marginal Field PPL 205.


PPL 205 is an asset located in the Emago-Kugbo Community of Abuo-Oduo Local Government Area of Rivers State, recently divested by Shell Petroleum Development Cooperation (SPDC).


We are also advising on the setup of the Host Community Development Trusts and other ancillary structures in accordance with Chapter III of the Petroleum Industry Act, 2021.


Our Energy Law Practice group comprises of M.J Numa, SAN, I.G Kelubia, Esq, JP Okako, Esq, Teejani Jimoh, Esq and Queen Jim-Ogbolo Esq.


PRODUCT LIABILITY - VERTEX AGRO LIMITED vs KUNLE ELECTRICAL COMPANY LIMITED & ANOR. - SUIT NO: NSHC/SD/49A/2020


We are pleased to have successfully represented Vertex Agro Limited (a leading Agro-Allied Company in Nigeria) in a product liability litigation against the Defendants; KUNLE ELECTRICAL COMPANY LIMITED & ANOR arising from a Turnkey contract on an EPC basis for the supply, installation and commissioning of a 1000KVA ABB transformer specifically-suitable to power its cashew nut factory located at KM 4 From Zuma Rock, Abuja-Kaduna Express Way, Niger State.


The High Court of Niger State, Suleja Judicial Division in a well-considered judgment delivered on the 21st day of November, 2022 acceded to our reliefs and adjudged the case as meritorious; hence, it awarded special damages for the monies had and received representing the entire contract sum and general/exemplary damages for fraudulent misrepresentation by the Defendants.


Our litigation team in persons of: M. J. Numa, SAN, Isioma G. Kelubia, Esq and Y. M. Zakari, Esq. had cause to handle the matter to a success.


DEEP OFFSHORE LITIGATION - ATTORNEY GENERAL OF DELTA STATE v. ATTORNEY GENERAL OF THE FEDERATION - SUIT NO: FHC/ABJ/CS/660/2021


We are pleased to have successfully represented the Delta State Government (a sub-national government in Nigeria) in a $1.638,396,277 (One Billion, Six Hundred Thirty-Eighty, Million, Three Hundred and Ninety-Six Thousand, Two Hundred and Seventy Seven United States Dollars) Only litigation against the Federal Government of Nigeria being the 13% derivative sum due as arrears of revenue accruing to the Delta State Government since 2003, from the correct implementation of Section 16(1) Deep Offshore and Inland Basin Production Sharing Contracts Act, Cap D3 LFN 2004 whenever the price of crude oil increase in the global market above $20.000 per barrel.


The Federal High Court, in a landmark decision, ruled in favour of the Delta State Government, acknowledging the merit of our claim and directing the Federal Government of Nigeria to fulfil its obligations by making the overdue payments.


This victory underscores our unwavering commitment to serving our clients with excellence and upholding justice in every aspect of our practice.


IN THE MATTER OF AN AD-HOC ARBITRATION UNDER THE PROCEDURAL RULES OF CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND 1990 BETWEEN MEMETECH SRL v. THE EXECUTIVE SECRETARY OF THE ECOWAS COMMISSION & HEAD OF COOPERATION EUROPEAN UNION DELEGATION NIGERIA.


We are pleased to have successfully represented the Economic Community of West African States (ECOWAS) Commission ( a foremost and multilateral regional body and conglomerate of 15 States in Africa) in a Cross- Border/Multi-jurisdictional Construction Arbitration Proceeding, instituted by an Italian Cooperation; Memetech SRL against the ECOWAS Commission (the Contracting Authority) and The European Union (the financing authority) with respect of the Joint-Border Post (JDP) in Seme-krake (border between Nigeria and Benin under the 10th EDF.


The arbitration was a complex commercial dispute involving a multi-million dollar claim against the ECOWAS Commission and involving a conflict of law such as the Nigerian Law, Beninese law, and the Belgian law respectively.


The Tribunal, after a dispassionate consideration of all the issues including the preliminary issues bordering on jurisdiction, applicable law, and proper parties, the tribunal dismissed all the objections and proceeded to consider the case on its merit and accordingly dismissed the entire claim of the claimant against the ECOWAS Commission and granted the counterclaim of the ECOWAS Commission ordering specific performance of the contract, directing Memetech SRL to complete the execution of the contract and for the European Union to make the payment of the contract sum.


This is another landmark proceeding, the firm successfully conducted as a testament to our capacity and diligence.


ATTORNEY GENERAL OF KANO STATE v. ATTORNEY GENERAL OF THE FEDERATION - SC/CV/200/2023


The Firm successfully invoked the original jurisdiction of the Supreme Court of Nigeria vide an originating summons taken out on behalf of kano State in suit no: SC/CV/200/2023 - Between ATTORNEY GENERAL OF KANO STATE v. ATTORNEY GENERAL OF THE FEDERATION challenging the Federal Government’s unilateral redesign of the Naira Notes.


The Supreme Court in its judgment delivered on the 3rd of March, 2023, acceded to the reliefs in the originating summons and accordingly declared the purported redesign of the Naira Note, without wide consultation and the unilateral limitation placed on the withdrawal of funds by the Federal Government to be unlawful and unconstitutional.


The EFCC not being a supra-natural agency above other agencies created by law, cannot be at large with respect to all economic matters especially when there are specialised agencies such as the Federal Inland Revenue Service saddled with the specific responsibility of handling tax related matters.


This is another landmark proceedings that the firm participated in, in conjunction with the Law firm of Aliyu & Musa Partners.


VERTEX AGRO LIMITED v. THE ECONOMIC & FINANCIAL CRIMES COMMISSION (EFCC) - FHC/ABJ/CS/181/2023


The Firm successfully challenged the powers of the EFCC to dabble into the investigation of Tax Related matters vide an originating summons before Federal High Court, Coram; Hon. Justice M. O Olajuwon in Suit No: FHC/ABJ/CS/181/2023 – Between VERTEX AGRO LIMITED v. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC).


The Trial Court acceded to our contention that by virtue of combined provision of Section 6 and 7 of the Economic and Financial Crimes Commission (Establishment) Act, 2004, Section 8 of the Federal Inland Revenue Service (Establishment) Act, 2007 and Section 2(1) of the Taxes and Levies (Approved List for Collection) Act, 1998, the EFCC lacks the requisite powers to attempt to investigate, levy or punish individuals and corporations for alleged tax infractions.


The EFCC not being a supra-natural agency above other agencies created by law, cannot be at large with respect to all economic matters especially when there are specialised agencies such as the Federal Inland Revenue Service saddled with the specific responsibility of handling tax related matters.


This was a landmark decision which clearly defines the scope and powers of the EFCC. We are pleased to have acted counsel to the Plaintiff in this litigation.


PROF ABDULSALAMI NASIDI V. THE ECOWAS COMMISSION & 2ORS-ECW/CCJ/APP/23/17

The firm successfully defended the ECOWAS Commission before the ECOWAS Community Court in a contentious dispute involving more than 6 million dollars.


VERTEX AGRO NIGERIA LIMITED V. ZAIDEN NIG. ENT. LIMITED - FCT/HC/CV/1694/2018

The firm successfully represented Vertex Agro Ltd in a contentious commercial litigation for the recovery of $190,000.00 ( One Hundred and Ninety Thousand Dollars) from a failed Bill of collection transaction between a finance consultant and our client, before the Federal Capital Territory, High Court, Abuja.


TEMITOPE OBASAJU STEPHEN V. PRESIDENT OF THE ECOWAS COMMISSION & ANOR - ECW/CCJ/APP/47/22

The Firm successfully defended The Commission in an employment dispute involving a claim of over 6 Million Dollars, wherein the President of the ECOWAS Commission and President of the ECOWAS Court of Justice are jointly sued as the 1st and 2nd Respondents respectively, before the Community Court of Justice of the ECOWAS Commission.


BARR. MRS. AMANDA PAM V. HON. MICAH JIBA – CA/A/EPT/369/2019

Firm successfully represented Hon. Micah Jiba at an election petition matter thereby securing his seat at the National Assembly.


VIC-PHRANC NIGERIA LIMITED V. FIRST BANK OF NIGERIA LIMITED- FCT/HC/CV/2389/2017

Firm successfully represented First Bank of Nigeria Limited in a transaction dispute at the Trial Court.


UNITED BANK OF AFRICA V. VERTEX AGRO LIMITED- CA/A/381/2018

Firm successfully represented Vertex Agro Nigeria Limited in a transaction dispute at the Trial Court and Court of Appeal. Matter now pending at the Supreme Court.